Ordinance 34160006.900000
PAO /amg
07/03/02
ORDINANCE NO. 3416
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A SIX MONTH INTERIM
ORDINANCE REPEALING ECDC 20.35.080 IN ORDER TO
CLARIFY THAT THE CITY COUNCIL, INSTEAD OF THE
HEARING EXAMINER, SHALL MAKE FINAL DECISIONS
ON PLANNED RESIDENTIAL DEVELOPMENT
APPLICATIONS AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the Edmonds Community Development Code currently has
conflicting provisions as to the review authority of the hearing examiner on planned residential
development applications (PRD's) in that ECDC 20.35.080(A) provides that the hearing
examiner makes final decisions on PRD's and ECDC 20.100.010(A)(3) provides that the
examiner only makes recommendations on PRD's, and
WHEREAS, PRD's have been judicially construed to constitute rezones, the final
decision of which cannot be delegated to another body by the City Council, and
WHEREAS, the City Council has determined that it should make final decisions
on planned residential development applications as judicially required, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. ECDC 20.35.080 is hereby to provide as follows:
20.35.080 Review Process
A. An application for a PRD has two stages. The first stage,
the Preliminary PRD, includes the following:
1. Pre- Application Staff Review. The preliminary
plans of the proposal shall be submitted to the Planning Manager
for review and comment. This provides an opportunity for the
developer to work with the city staff to design a total plan which
best meets the goals of the city and the needs of the developer.
Such potential problems as drainage, topography, circulation, site
design and neighborhood impact should be identified and
addressed before the proposal is submitted for formal review.
2. Optional Pre - Application Neighborhood Meeting.
If the project contains unusual or severe environmental problems
or unusual compatibility problems with adjoining properties, the
Planning Manager may require the applicant to host a public pre -
application neighborhood meeting to discuss and receive public
comment on the conceptual proposal. Should the applicant desire,
they may choose to host a public pre - application neighborhood
meeting even though one is not required by the Planning Manager.
While this meeting will allow immediate public
response to the proposal in its conceptual form, comments
submitted during this meeting are not binding to the applicant or
staff. However, staff may make general recommendations to the
applicant as part of the formal application based on the input from
this meeting to the extent that said comments are consistent with
the adopted provisions of the Edmonds Community Development
Code and Comprehensive Plan.
3. Review by the Architectural Design Board. The
Design Board will review the project for compliance with the
Urban Design Guidelines and/or the Single Family Design Criteria
in section 060 of this chapter and forward their recommendation of
the site and building design on to the Hearing Examiner for his
consideration. Their review will be at one of their regularly
scheduled meetings, but will not include a public hearing or the
ability for the public to comment on the project.
4. A Public Hearing with the Hearing Examiner. The
Hearing Examiner will review the proposed PRD for compliance
with this section and make a recommendation to the City Council
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on the Preliminary PRD (see ECDC section 20.100 and 20.105 for
the review process).
If the proposal is denied, a similar plan for the site
may not be submitted to the development services department for
one year. A new plan which varies substantially from the denied
proposal, as determined by the development services director, or
one that satisfies the objections stated by the City Council may be
submitted at any time.
An applicant who intends to subdivide the land for
sale as part of the project shall obtain subdivision approval in
accordance with Chapter 20.75 ECDC before any building permit
or authorization to begin construction is issued, and before sale of
any portion of the property. The preferred method is for the
applicant to process the subdivision application concurrently with
the planned residential development proposal.
B. The second stage of the PRD process, the Final PRD,
consists of the City's review of the final plans for consistency with
the Preliminary PRD approved by the City Council. The decision
at this stage will be made by City Staff unless the Final PRD is
submitted as a consolidated application with a permit that requires
City Council review, i.e. a Formal Plat. The final PRD will be
subject to the following review:
1. The applicant shall submit the final development
plan to the development services director, conforming to the
preliminary plan approved by the City Council, and all applicable
conditions of that approval. The planning manager shall review
the plan along with the city engineer and make a final decision.
The plan shall contain final, precise drawings of all the information
required by ECDC 20.35.030. The applicant shall also submit all
covenants, homeowner's association papers, maintenance
agreements, and other relevant legal documents.
2. If city staff finds that the final development plan
conforms to the preliminary approval, and to all applicable
conditions, staff shall approve the plan and its accompanying
conditions as a covenant which touches and concerns the subject
property, incorporating by reference all maps, drawings and
exhibits required to specify the precise land use authorized. A file
shall be maintained by the development services department
containing all maps and other documents or exhibits referred to in
the approval. The approval shall also contain a legal description of
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the boundary of the proposal. The covenant shall be recorded with
the county auditor if no subdivision plat is to be recorded.
3. The provisions of approval shall be restrictions on
the development of the site. Revocation of approval or
abandonment as provided in this chapter shall eliminate all
requirements imposed under the planned residential development
plan and shall cause the old underlying zoning requirements to be
in full force and effect.
Section 1. As required by RCW 35A.63.220, this ordinance shall expire six
months from the date of adoption. In the meantime, as further required by RCW 35A.63.220, the
city clerk is directed to schedule a public hearing on this ordinance within sixty days of its
adoption and the planning board is requested to make a recommendation on a final version of
this ordinance to be adopted by the city council prior to its expiration.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAY GAR AAKENSON
ATTEST /AUTHENTICATED:
d
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CI Y ATTORNEY:
BY
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FILED WITH THE CITY CLERK: 08/02/2002
PASSED BY THE CITY COUNCIL: 08/13/2002
PUBLISHED: 08/18/2002
EFFECTIVE DATE: 08/23/2002
ORDINANCE NO. 3416
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SUMMARY OF ORDINANCE NO. 3416
of the City of Edmonds, Washington
On the 13th day of August, 2002, the City Council of the City of Edmonds, passed
Ordinance No. 3416. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A SIX
MONTH INTERIM ORDINANCE AMENDING ECDC 20.35.080 IN ORDER TO CLARIFY
THAT THE CITY COUNCIL, INSTEAD OF THE HEARING EXAMINER, SHALL MAKE
FINAL DECISIONS ON PLANNED RESIDENTIAL DEVELOPMENT APPLICATIONS
AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 14th day of August, 2002.
CITY CLERK, SANDRA S. CHASE
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Page 1 of 1
RCW 35A.63.220
Moratoria, interim zoning controls -- Public hearing -- Limitation on
length.
A legislative body that adopts a moratorium or interim zoning
ordinance, without holding a public hearing on the proposed
moratorium or interim zoning ordinance, shall hold a public hearing
on the adopted moratorium or interim zoning ordinance within at least
sixty days of its adoption, whether or not the legislative body
received a recommendation on the matter from the planning agency. If
the legislative body does not adopt findings of fact justifying its
action before this hearing, then the legislative body shall do so
immediately after this public hearing. A moratorium or interim zoning
ordinance adopted under this section may be effective for not longer
than six months, but may be effective for up to one year if a work
plan is developed for related studies providing for such a longer
period. A moratorium of interim zoning ordinance may be renewed for
one or more six -month periods if a subsequent public hearing is held
and findings of fact are made prior to each renewal.
[1992 c 207 3.]
Adopted by Reference
Ordinance on 8 -13 -0,
City Clerk
http://search.mrsc.org/nxt/gateway.dll/rcw/rcw%20%203 5a %20tit1e /rcw0/o20 %203 5a.%20... 8/27/2002
STATE OF WASHINGTON, )
COUNTY OF SNOHONHSH j
SUMMARY OF ORDINANCE NO 3416
of the itY o mon s, as ington
On the 13th day of August, 2002, the City Council of the
City of Edmonds, passed Ordinance No. 3416. A
summary of the content of said ordinance, consisting of
the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A SIX MONTH INTERIM
ORDINANCE AMENDING ECDC 20.35.080 IN
ORDER TO CLARIFY THAT THE CITY COUNCIL,
INSTEAD OF THE HEARING EXAMINER, SHALL
MAKE FINAL DECISIONS ON PLANNED
RESIDENTIAL DEVELOPMENT APPLICATIONS
AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this ordinance will be mailed upon
request.
DATED this 14th day of August, 2002.
CITY CLERK, SANDRA S. CHASE
Published: August 18, 2002.
RECEIVED
AUG 2 1 2002
EDMONDS CITY CLERK
Affidavit of Publication
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is
Principal Clerk of THE HERALD, a daily newspaper printed and published
in the City of Everett, County of Snohomish, and State of Washington; that
said newspaper is a newspaper of general circulation in said County and
State; that said newspaper has been approved as a legal newspaper by order
of the Superior Court of Snohomish County and that the notice
Summary of Ordinance No. 3416
Citv of Edmonds
a printed copy of which is hereunto attached, was published in said newspaper
proper and not in supplement form, in the regular and entire edition of said
paper on the following days and times, namely:
August 18, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said period.
Principal Clerk
Subscribed and sworn to before me this 19th
day of August, 2002
Public in and for the
, Snohomish County.
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